Appellants appealed to this Court against their dismissal from employment by Respondent. Their attorney amended the grounds by deleting some and hearing two namely,
1. Respondent erred by substituting the penalty of a final warning with dismissal; and
2. Respondent erred in dismissing some employees whilst warning others for the same offence. More
This is an application for bail pending appeal against sentence only. The applicant was convicted on two counts of stock theft as defined in s 114 (1) (a) of the Criminal Law (Codification And Reform) Act [Cap 9.23]. He pleaded guilty to both counts and was sentenced to 9 years imprisonment on each count on 10 September 2007 and is serving an effective sentence of 18 years imprisonment. The applicant successfully applied for condonation of late noting of his appeal which was granted by ORMAJEE J on 23 March 2011 in case No. 1410/09. He has since filed his appeal... More
The background to the matter is that on 10 March 2006, the applicant noted an appeal to this court against the decision of the second respondent under case No. CIV(A) 162/06. The appeal was set down for hearing on 31 October 2006. The applicant withdrew the application after the presiding judges had raised concern about the state of the record. Pursuant to this, the applicant filed a court application in this court seeking the setting aside of the same decision of the second respondent. On 26 October 2007, the applicant withdrew the application. On 19 November 2007 he then filed... More
The appellant was employed by the respondent as a driver. He was dismissed following disciplinary proceedings for:
‘falsification of records and or writing false information onto Authority documents.’
This is a violation of the applicable code of conduct.
The brief facts of the matter are as follows:
The appellant in his capacity as a driver was asked to get a quotation for repairing a bumper of a certain damaged vehicle. He got the instruction from a Mr Mandihlare. The instruction was to the effect that once he got a quotation which was below one hundred USD(USD 100.00), he could leave... More
Their case was that Appellant was assigned duty to collect school children from an Education Camp On his way he saw a herd of impala. He tracked a male impala and shot it. He took the carcass to Chirundu where he had it skinned. He then sold the meat to one Mubaiwa. The meat was found in possession of Mubaiwa. Police arrested Mubaiwa and he stated that he had bought same from Appellant for US$40.00. More
This is an application to compel the respondent to provide further particulars. The respondent issued summons against the applicant on 4 September 2013 for payment of $37 688-40 being balance outstanding on the purchase of timber. The contract of sale was said to have been signed by the parties on 16 December 2010. The respondent also claimed damages in the sum of $183 782-02 for the complete destruction of the timber plantation by a veld fire which was allegedly exacerbated by the dry timber cut and left lying in the plantation by the applicant. The respondent also claimed interest and... More
Respondent worked for Appellant. He was guilty of misconduct. He was dismissed from employment. In due course he appealed to the NEC for the Clothing Industry. Through a letter dated 29th August 2011 the NEC relayed its determination. In terms thereof the NEC remitted the matter to Appellant for a fresh hearing. Appellant was aggrieved by the turn of events. It appealed to this Court against the NEC’s determination. More
